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lindsey graham and others say the designation would have allowed authorities to mine intelligence for 30 days and question the suspect about possible links to terrorist groups actively trying to harm the united states. >> the ability to have access to this suspect without a lawyer present, to gather intelligence about a future attack is absolutely essential to our national security. >> critics say the president can't do that because tsarnaev doesn't fit the legal definition of enemy combatant. there is no proof yet that he is an active member of al qaeda or the taliban. >> possibly you might be able to benefit from the time. you may not. he may clam up. it's just as likely if not more likely that you would harm or potentially harm the federal case. >> the white house decision sets a pattern, since march 2009 the obama administration changed the way the war is prosecuted. ordering the pentagon who stop using the term global war on terror. instead calling it an overseas contingency operation. the president's current cia director raised eyebrows when he declared jihad is not necessary lay b
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